1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for Council meetings of: a) October 12, 1999
(closed); b) October 12, 1999 (special); c) October 12, 1999 (regular); d) October 18,
1999 (closed); e) October 19, 1999 (regular); and f) October 22, 1999 (closed).
Contact: Sherry M. Kelly, City Clerk, 644-6480
Action: Approved minutes with the exception of c) October 12, 1999 which were held
over to November 23, 1999 by Mayor Dean.

b. Authorizing the City Manager to execute a one-year lease agreement and four
one-year options for renewal with Asia Fountain Group, Inc. for the premises located at
1013 Pardee Street as office and warehouse space for the Energy Office, in an initial
amount not to exceed $2,434 per month.
Action: Adopted Ordinance No. 6512. Effective December 9, 1999.

5. Contract: Glendale-La Loma Park, Grove Park, Haskell-Mabel Park and Prince Street
Mini-Park Renovations
From: City Manager
Recommendation: Adopt a Resolution approving the plans and specifications for
renovation of Glendale-La Loma Park, Grove Park, Haskell-Mabel Park and Prince Street
Mini-Park; rejecting all bids; and authorizing the City Manager to revise the scope of
work, negotiate on the open market and execute a contract and any amendments in the amount
of $321,000 for a period of 180 calendar days.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943
Action: Adopted Resolution No. 60,293-N.S.

6. Purchase Orders: Traffic Barricades and Cones
From: City Manager
Recommendation: Adopt a Resolution authorizing purchase orders with: 1) Bay Area
Barricade Company in the amount of $40,747; and 2) Pacific Trench Safety Company in the
amount of $12,500, for a period of 12 months with an option to renew an additional 12
months, to provide traffic barricades, cones and hardware.
Contact: Frances David, Finance, 644-6476; Andreas Campos-Kreutzer, Public Works, 644-6506Action: Adopted Resolution No. 60,294-N.S.

7. Bond Measure for Peralta School District
From: Councilmember Spring
Recommendation: Request the City Manager mail and FAX a letter to Peralta College
Chancellor and Board of Trustees, asking for community input on the proposed $150 million
bond measure and support for finishing the Vista College building.
Contact: Dona Spring, Councilmember District 4, 644-6266Action: Withdrawn by Councilmember Spring.

8. Parking Cash Out Program
From: Councilmember Maio
Recommendation: Request the City Manager, the Office of Economic Development, and the
Transportation Commission evaluate the benefits of a Parking Cash Out (PCO) program, as
described in material from the International Council for Local Environmental Initiatives
(ICLEI), for implementation in Berkeley for City employees and for businesses.
Contact: Linda Maio, Councilmember District 1, 644-6359 Action: Removed from Consent Calendar by Councilmember Olds and held over to
November 23, 1999.

9. Mandatory Seismic Retrofit on Home Expansion Projects
From: Councilmember Maio
Recommendation: Request the City Manager and appropriate City Commissions draft an
ordinance that would require property owners to seismically retrofit their homes and
buildings when they undertake home expansion or renovation projects. This ordinance should
be included in the City's overall Disaster Resistant Community project recommendations.
Contact: Linda Maio, Councilmember District 1, 644-6359Action: Removed from the Consent Calendar by Councilmember Armstrong. Moved,
seconded, carried (Worthington/Maio; Absent - Woolley) to approve the recommendation with
the following additions: that the ordinance 1) not be designed to discourage people who
own distressed properties; 2) makes clear the level of improvements which trigger seismic
retrofit; 3) clarifies what constitutes retrofit and assures the retrofit is properly
done; 4) provides exemptions and financial assistance for low income residents; 5) be
referred to the S.T.A.G; and 6) that public hearings be held at the commission level.

10. Proclamation in Honor of John Solomon
From: Councilmembers Maio, Breland, and Spring
Recommendation: Approve a proclamation declaring December 16, 1999 "John Solomon
Day" in the City of Berkeley, and honoring the contributions of John Solomon to the
Berkeley community. The proclamation to be read at the December 14th Council
meeting and presented at the University Avenue Association dinner on December 16th
honoring Mr. Solomon.
Contact: Linda Maio, Councilmember District 1, 644-6359; Margaret Breland, Councilmember
District 2, 644-6400; Dona Spring, Councilmember District 4, 644-6266 Action: Approved recommendation.

12. General Plan
From: Councilmember Spring
Recommendation: Request City Manager report regarding his role in the General Plan
process and an explanation of what happened to the Council's July 27th
directives pertaining to Items 1 and 2, and several of the Council's September 14th
directives, on the General Plan's second draft.
Contact: Dona Spring, Councilmember District 4, 644-6266 Action: Removed from Consent Calendar by Councilmember Maio and held over to
November 23, 1999.

13. Pedestrian Activated Traffic Light at McGee and University Avenues
From: Councilmember Spring
Recommendation: Request the City Manager put the pedestrian-activated traffic light at
McGee and University, which was referred over five years ago, on the list of projects to
be funded by federal, state or local funds.
Contact: Dona Spring, Councilmember District 4, 644-6266 Action: Removed from the Consent Calendar by Mayor Dean and held over to November
23, 1999.

14. Schedule Presentation Regarding City Website
From: Mayor Dean
Recommendation: Schedule a 15-minute presentation and a 15-minute comment period on
November 23rd regarding the newly designed City of Berkeley Website.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484Action: Approved recommendation and scheduled for November 23, 1999 meeting.

19. Policies for Prevention of Cruelty to Animals (to be delivered)Contact: Diane Woolley, Councilmember District 5, 644-6294 Action: Removed from Consent Calendar by Councilmember Olds and held over to
November 16, 1999 as part of the public hearing.

21. Treaty of Rome
From: Peace and Justice Commission
Recommendation: Adopt a Resolution urging President Clinton to sign the Treaty of Rome
and to work with the world's nations to insure that the International Criminal Court
functions efficiently; and directing the City Clerk to send copies of the Resolution to
President Clinton, Senators Boxer, Feinstein, and Helms, Congresswoman Lee, Secretary of
Defense Cohen, and United Nations Secretary General Kofi Annan.
Contact: Manuel Hector, Secretary, 664-6459a. City Manager Report
Recommendation: The City Manager takes no position on this matter.
Contact: Fred Medrano, Health and Human Services, 644-6459Action: Adopted Resolution No. 60,298-N.S. (Abstain  Armstrong)

22. Release of Lori Berenson
From: Peace and Justice Commission
Recommendation: 1) Adopt a Resolution urging President Clinton do everything in his
power to secure the release of Lori Berenson immediately; 2) direct the City Clerk to
write President Clinton, Secretary Albright, Senators Boxer and Feinstein, Representatives
Lee, Pelosi and Woolsey, U.S. Human Rights Commission, U.N. Secretary General Kofi Annan,
Peru President Alberto Fujimori, Peru's Ambassadors to the United Nations and United
States, and the U.S. Ambassador to Peru, requesting action now to secure justice for Lori
Berenson; 3) encourage Berkeley residents to help secure justice by also writing these
dignitaries; 4) inform companies about Lori Berenson that do business with or have
investments in Peru; and 5) follow the matter on the Lori Berenson web site
(www.freelori.org).
Contact: Manuel Hector, Secretary, 664-6459a. City Manager Report
Recommendation: The City Manager takes no position on this matter.
Contact: Fred Medrano, Health and Human Services, 644-6459Action: Adopted Resolution No. 60,299-N.S. (Abstain  Armstrong)

28. Landmarks Preservation Commission Appeal - 2530, 2532, and 2534 Durant Avenue
(The Albra)
a. Appealfiled by Steven B. Piser, Attorney on behalf of David Ruegg and
Robert Ellsworth, the owners, of the Landmarks Preservation Commission decision of
September 13, 1999, which designated 2530, 2532, and 2534 Durant Avenue (The Albra) as a
Structure of Merit.
Contact: Sherry M. Kelly, City Clerk, 644-6480
b. City Manager Report
Recommendation: Adopt a Resolution upholding the decision of the Landmarks
Preservation Commission designation of 2530, 2532, and 2534 Durant Avenue (The Albra) as a
Structure of Merit and dismissing the appeal.
Contact: Liz Epstein, Planning and Development, 705-8105c. Communication from:1. Steven Piser, Attorney on behalf of owner
Contact: Sherry M. Kelly, City Clerk, 644-6480
Actions: Moved, seconded (Olds/Armstrong) the main motion to set the matter for public
hearing.

29. Police Officer Grants - Status and Deployment (CR 99-75) (removed from
Information by Councilmember Armstrong and held over from November 2 meeting)
From: City ManagerContact: Dash Butler, Police, 644-6568Action: Received and filed.

30. Haas Mitigation Update (CR 99-112) (removed from Information by
Councilmember Worthington and held over from November 2 meeting)
From: City ManagerContact: Elizabeth Epstein, Planning and Development, 705-8105 Action: Held over to November 23, 1999.

31. City Policies Relating to the University of California (removed from
Consent by Councilmember Spring and held over from November 2 meeting)
From: Councilmember Woolley
Recommendation: Review and discuss existing City policies and agreements concerning
the University of California. Included would be goals and policies in the existing City
General Plan and Area Plans, voter adopted Measure N, and any Memoranda of Understanding
between the City and the University. This review and discussion should occur prior to the
Council's creation of any City advisory body relating to University of California issues.
Contact: Diane Woolley, Councilmember District 5, 644-6294Action: Held over to November 23, 1999.

32. University Relations Commission (City-Campus Planning Advisory Group) (held
over from September 14 meeting)
From: Planning Commission
Recommendation: Adopt a Resolution establishing a University Relations Commission
composed of either nine or eighteen members appointed pursuant to the Fair Representation
Ordinance, with the following charge: a) Advise the City Council on planning issues of
joint concern to the City and UC Berkeley; b) Solicit public input on proposed University
projects and plans; c) Encourage coordination between the City and UC Berkeley on planning
projects of joint interest; and d) Establish a Commission subcommittee that will
constitute the City's representatives on the City-Campus Planning Advisory Group, as
detailed in the 3/12/97 Memorandum of Understanding between the City and the University.
Contact: Karen Haney-Owens, Secretary, 705-8137a. City Manager Report
Recommendation: Direct the Planning Commission establish a City-Campus Planning
Advisory Group subject to the Brown Act, as a standing sub-committee with the following
charge: a) to meet in conjunction with Campus representatives; b) to act in an advisory
role to the appropriate City Commissions, City Departments and University Committees and
Administrators; and c) to solicit broad public input regarding University plans and
projects of joint interest to the City and the University.Contact: Liz Epstein, Planning and Development, 705-8105

Actions: Moved, seconded, carried (Spring/Worthington; Noes - Olds, Dean;
Abstain  Armstrong; Absent - Woolley) the main motion to approve the recommendation
of the Planning Commission to establish a University Relations Commission; setting the
number of Commissioners at 9; adding a 2-year review and sunset clause; requesting the
City Manager come back with budget implications and a list of planning issues of joint
concern to both the City and the University and adopting Resolution No. 60,304-N.S.

Moved, seconded, failed (Armstrong/Olds; Noes - Breland, Maio, Shirek, Spring; Abstain
 Worthington, Dean; Absent - Woolley) a substitute motion to set up a City/Campus
Advisory Group which has exclusive authority over any matter involving the University
except those matters required by law to be under the jurisdiction of another commission.
(Mayor Dean asked the record reflect that she believes there needs to be review by
commissions prior to taking this type of action.)

Moved, seconded, carried (Armstrong/Olds; Absent - Woolley) that Council will not
appoint members until the City Manager has presented the report regarding budget
implications and staffing requirements; and that the report will be presented within two
months.

33. University of California Student Enrollment (removed from Consent by
Councilmember Worthington and held over from November 2 meeting)
From: Mayor Dean and Councilmember Armstrong
Recommendation: Request the City Manager meet as soon as possible with UC Berkeley
Chancellor Berdahl informing him of: 1) campus population caps as agreed to by the campus
and City in the Long Range Development Plan; 2) the City's concerns of recent reports that
the Regents are currently considering how the UC system can accommodate a projected
increase in student enrollment; and 3) that the City prefers to be a part of the current
planning regarding any expansion of the Berkeley campus rather than be reactive once a
decision has been made; and requesting the City Manager report back on the outcome of this
discussion.
Contact: Jennifer Drapeau, Mayor's Office, 644-6484; Polly Armstrong, Councilmember
District 8, 644-6401
Action: Moved, seconded, carried (Armstrong/Olds; Absent - Woolley) to approve the
recommendation amended to also include discussion on the impact enrollment has on housing,
transportation, parking, quality of life in surrounding neighborhoods and how the
University will address diversity of the student body.

34. Proposed UC Surge Building (removed from Consent by Councilmember
Armstrong and held over from November 2 meeting)
From: Councilmember Spring
Recommendation: Request the City Manager to: 1) write to UCB Chancellor Berdahl and UC
Regents requesting they NOT construct the "Seismic Replacement Building"
on the Oxford tract, the last remaining open space in the North Campus area, and that UC
instead build the "Seismic Replacement Building" on a more appropriate site -
the former California Department of Health site at Shattuck and Berkeley Way; 2) establish
a process to work out mitigations with the City similar to the Haas Pavilion; 3)
require the Planning DepartmentUniversity, in coordination with the
City staff, send out notices of future meetings on the EIR for this project to all
residents within 300 feet of the project; and 4) research the Deed for the Oxford Tract to
UC for a condition by the donor that the property never be developed with buildings.
Contact: Dona Spring, Councilmember District 4, 644-6266

Action: Moved, seconded, carried (Spring/Maio; Absent - Woolley, Worthington) to
approve the recommendation amended as shown above and also to include 1) there should be a
second EIR scoping session after the Environmental Initial Assessment is released; 2) the
EIR should NOT be tiered off the LRDP EIR, but should have completely new analysis; 3) the
EIR review period should be at least 90 days, NOT the minimum requirement of 45 days
which is all UC plans to allow; 4) the following Alternative Project Sites should be
given equal weight in the EIR with the weight given the Oxford Tract site: a) State Health
Building site, b) some site on the Central Campus, c) leasing the downtown Berkeley office
space now being leased by the City on a temporary basis only so as to not effect
Berkeleys tax base, and d) other alternatives being explored; 5) also request that
the University abide by its Haas MOU - "Prior to ANY Campus or City expansion of
existing parking capacity or other major developments with a potentially significant
impact on traffic or parking, Campus and City will jointly study, plan and begin to
implement ." The Council also asks the City Manager send a copy of this letter
to Congresswoman Lee and Assemblywoman Aroner requesting them to assist the City with
these requests vis a vie the University of California at Berkeley.

35. Posting Blighted Properties (removed from Consent by Councilmember Olds
and held over from November 2 meeting)
From: Housing Advisory Commission
Recommendation: Adopt first reading of an Ordinance to add Section 12.92.175 to the
Berkeley Municipal Code to allow posting signs on blighted properties informing the public
of the property owner's name, address, telephone number, and the nature of code violations
found.
Contact: Oscar Sung, Secretary, 665-3469a. City Manager Report
Recommendation: Concurs with the content and recommendation of the Commission.Contact: Stephen Barton, Housing, 644-6001Action: Withdrawn by the City Manager.

36. Fire Danger in Berkeley (removed from Information by Councilmember
Armstrong and held over from November 2 meeting)
From: Fire Safety CommissionContact: Reginald Garcia, Secretary, 644-6665Action: Moved, seconded, carried (Olds/Armstrong; Absent - Woolley) to 1) require
the City patrol on high fire danger days the area above the University (Claremont Canyon)
and to monitor the campers in the area; 2) request the City Manager write a letter to East
Bay Regional Park District (EBRPD), University of California (UC) and the City of Oakland
regarding acquiring unmatched FEMA funds for the purpose of vegetation management; and 3)
refer the five suggestions from May 13, 1997 report of the Fire Assessment Commission as
follows: a) the removal of flammable material from the neighborhoods and from the buffer
areas must be continued every year at a rate which is greater than the rate of
accumulation and regrowth in order to represent a net gain; b) the assignment of four
firefighters to hill fire engine companies on high fire danger days should be extended
throughout the fire season, if not year round; c) necessary steps to limit density
increases in the hazardous hill area, along with establishment of improved emergency
equipment access and escape routes for the residents; d) establish and maintain a
defensible buffer area between developed urban areas and wildlands; and e) continue and
complete the on-going projects initiated by the District.

New Business:

37. Temporarily Prohibit Carryout Food Stores and Quick Service Restaurants
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code
Title 23, Zoning, by amending Sections 23E.36.030A and 23E.68.030A - Uses Permitted in C-1
General Commercial District and C-2 Central Commercial District, to temporarily prohibit
carryout food stores and quick service restaurants on University Avenue between Oxford
Street and Martin Luther King Jr. Way.
Contact: Elizabeth Epstein, Planning and Development, 705-8105Action: Moved to Consent Calendar by Councilmember Maio. Adopted first reading of
Ordinance. Second reading November 16, 1999.

38. Berkeley Marina Plan and Waterfront Overview Preliminary Design Concept
From: Planning and Waterfront Commissions
Recommendation: 1) Approve the Preliminary Design Concept for the Marina Plan and
Waterfront Overview so that the draft can be completed and the environment review
initiated for the Plan; 2) Review the financial analysis for Marina maintenance and
operations as well as desired improvements, in recognition that the Marina is
significantly under-funded and that there is no current source of funds to implement core
capital projects while maintaining existing Marina operations; and 3) Identify an
effective financing program to implement core capital projects and Concept Plan design
elements. Without a commitment by the Council to actively seek additional sources of
ongoing funding beyond non-recurring grants, Marina infrastructure will continue to
deteriorate and implementation of the Concept Plan elements will be impossible.
Contact: Cliff Marchetti, Waterfront Commission Secretary, 644-6376a. City Manager Report
Recommendation: 1) Endorse the Planning and Waterfront Commission's recommendation to
approve the Preliminary Design Concept for the Marina Plan and Waterfront Overview; and 2)
Direct staff to proceed with the preparation of the Marina Plan and Waterfront Overview
and completion of the environmental review on the Plan with the understanding that staff
will prepare a financing program to implement the Preliminary Design Concept (Phase 1:
Required Capital Improvements; and Phase 2: Enhancements/Amenities), including funding
options for consideration by the Council.
Contact: Lisa Caronna, Parks and Waterfront, 644-6943Action: Moved, seconded, carried (Maio/Breland; Absent - Spring, Woolley,
Worthington) to approve the City Manager recommendation and to place more emphasis on
wildlife habitat.

2. Bill Lockyer, California State Attorney General, thanking
Council for their support of SB 78 and HR 1443 regarding the collection of data on traffic
stops.

3. Elizabeth Foley, Associate Regional Administrator, U.S. Department of Health and
Human Services, regarding Medicare allowing the
disabled and senior citizens to have extra prescriptions on hand due to Y2K problems.